Court rules against deportation of immigrant convicted of domestic violence (Ninth Circus)

The Arizona (Red) Star ^ | 26 October 2006 | Howard Fischer

[axes_of_weezles]

Court rules against deportation of immigrant convicted of domestic violence

By Howard Fischer

Capitol media services

Tucson, Arizona | Published: 10.26.2006

Federal immigration officials can't use the domestic violence conviction of a Tucson man to deport the legal immigrant, the 9th U.S. Circuit Court of Appeals ruled Thursday.

In a split ruling, the judges acknowledged that Jose Fernandez-Ruiz was convicted three years ago of the state crime of domestic violence. And federal law spells out that legal immigrants -- residents who are not citizens -- can be deported for crimes of domestic violence.

But the majority concluded that federal law requires a finding by a trial court that the person committed the crime intentionally.

Yet the Arizona law under which Fernandez-Ruiz was charged permits conviction when someone recklessly -- but unintentionally -- causes physical injury to another. And the documents from that case do not prove he intentionally used force.

That, wrote Judge Carlos Bea, means the U.S. Department of Homeland Security can't use the 2003 conviction to oust him.

The ruling drew a stinging dissent by Justice Kim Wardlaw.

"Men do not beat their wives by accident," she wrote on behalf of herself and two other judges.

"Blind to this truth, the majority ignores the realities of domestic violence and disregards congressional intent to hold that an Arizona domestic violence conviction is not a 'crime of domestic violence' for purposes of a federal immigration law," Wardlaw continued. She said her colleagues were stretching the law "to absurdity."

But Bea said the dissenters are the ones ignoring the law.

He said there is nothing in the state court record to prove that the Tucson man intentionally assaulted his girlfriend, who also is the mother of his child. And absent that record, Bea said, the federal appellate court cannot automatically conclude that the act was intentional.

Court records show that Fernandez-Ruiz was first convicted of domestic violence in 2002 and placed on probation for 15 months. The second conviction the following year the Mexican citizen pleaded guilty to domestic violence and was sentenced to six months in jail.

While Thursday's ruling prevents the Tucson man from being deported for that conviction, he is not out of legal hot water -- or going to be released from federal detention: Federal immigration officials still hope to use those 2002 and 2003 convictions to deport him on the basis of crimes of "moral turpitude.'

[axes_of_weezles]

This news along with DHS supporting the smuggler is showing Federal Policy for two standards of justice for citizens and non-citizens. Ninth Circus in action.

[jocon307]

Why the hell isn't he being deported merely because he is here illegally?

[The Old Hoosier]

Looks like the courts are out to win the election for us...

[FlingWingFlyer]

I don't know why but everytime someone mentions the 9th Circus, I start hearing calliope music in my head. Holy Barnum and Bailey Batman!

[ARE SOLE]

Why the hell isn't he being deported merely because he is here illegally?

Because he is not illegal, he is a legal resident ( green card).

[muawiyah]

We might well imagine the members of the 9th Circuit beat their children, their spouses, and their "special others" as exercises in absent mindedness.

I think I would enjoy torturing these people if the US Marshall Service would but deliver them to my front porch.

[axes_of_weezles]

If he has been in jail twice in 4 years, he is an illegal alien by definition of the law. He is a Mexican, not a US Citizen.

[axes_of_weezles]

Yeah, but you would have to "marry" them for it to be OK.

[EagleUSA]

The communist Ninth Circuit does it again.
What an embarassment to America.

[muawiyah]

Gad.

I think I'd rather puke.

[CottonBall]

Why the hell isn't he being deported merely because he is here illegally?

bump!

[trapped_in_LA]

Just because he was sent to jail doesn't mean that he did any thing. I'm surprised that most people don't realize how unjust and biased against men family courts are. You are definitely guilty until you can prove otherwise. If you don't believe me just look at some of the web sites on the subject from a mans point of view. This poor guy probably got railroaded since as the 9th circuit pointed out he was not given a trail. Strange, but one of the few times I agree with that court.

[axes_of_weezles]

I might agree with you, but twice in under 2 years, going to trial and being convicted is good enough for me.

He should be back in Mexico for not being able to keep out of trouble here.

A white guy that beats his wife is a felony, cannot possess firearms and if his job as a policeman, guard, military etc that requires use of firearms - his 2A rights are automatically gone and he is probably fired.

A quasi legal Mexican who beats his live in gets a pass.

If it was bad enough to prosecute twice in Tucson, trust me, this person's a wife beater.

If he is a green card holder and under probation - two times getting in trouble is automatic deportation.

One conviction is enough to deport- that's a federal charge under VAWA.

@ times in jail, or 18 months in jail is automatic deportation as well.

The prosecutors were probably not versed in immigration law.

[gubamyster]

ping

[jocon307]

Aha, thanks, I missed that detail.

[nofaceveils]

Immigration 'law' doesn't seem to mean anything; just look at all the 601 waivers approved in overseas consulates for people who are criminals or who overstayed US visas. Don't believe me, check out www.visajourney.com for all the illegal immigrant whining you can shake a stick at. It's disgusting.